Accessory After The Fact Flashcards
What are the intentional acts, or actus rea, of accessory
Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidence
What needs to be proved for accessory after the fact (ingredients l)
That the person who is received, comforted or assisted by the accessory is a party to an offence
That at TIME of RCA that person, the accessory knew that person was a party to an offence
That the accessory RCA that person or tampered with or actively suppressed any evidence against that person
That at the time of RCA the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest
Spouse /civil union partner exceptions
Multi choice ?
Check section 71(2) is it repealed do you need to learn
What was held in R V Crooks in relation to knowledge
Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient
Knowing any person to have been a party to an offence
SA
IS THIS CASE LAW OR DEFINITION?
Knowledge means knowing or correctly believing
The belief must be a correct one, where the belief is wrong and person cannot know (crooks)
Interviewing an accessory, what knowledge must an accessory posses
Knowledge that an offence has been committed, and the person they are assisting was a party to the offence .
Where knowledge comes about after the assistance has been given, they are not liable
Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from police. What is her liability
Accessory after the fact
Matt kills someone, lies to flatmate and asks her to get rid of clothes l, she throws them away, next day he comes clean
Can’t charge her as she did not know at the time of assistance he had committed any crime
Ceaser and Jo get home after committing Robbery. They tell Smokey then they leave the house. Police arrive he tells them he doesn’t know anything. What is his liability
No liability
Accessory after the fact elements and section
S71 (1) CA61
Knowing any person to have been a party to the offence
RCA that person OR
Tampers with any evidence against him OR
Actively suppresses any evidence against him
IN ORDER TO ENABLE HIM TO ESCAPE AFTER ARREST
OR
TO AVIOD ARREST OR CONVICTION
What needs to be proved for a charge of accessory after the fact S71(1)
Elements
Person A that they RCA is a party to an offence that has been committed
Time of RCA knew they were a party to the offence
Person B RCA’d tampered/actively suppressed evidence
Person B’s purpose was to enable that person to escape after arrest/avoid arrest or avoid conviction
Offence definition
Any act or omission that is punishable on conviction
Knowing any person to have been a party to the offence (case law)
Crooks
Actually knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence.
When must the knowledge exsist
At the time assistance is being given the accessory must have knowledge that
An offence has been committed and
The person they are assisting was a party to that offence
Wilful blindness CL
Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth
Actus reus of acessorry
After the fact
Receives - hides/harbours
Comforts - food clothing
Assists - provides transport
Tampers with evidence - alter the evidence, eg modify phone records
Actively suppresses evidence - conceals or destroys evidence
Offence must be complete CL
Mane
To be an accessory the acts done by the person must be after the completion of the offence
Discuss CL Gibbs
Evade justice - GIBBS
Gibbs charged with AATF
Gibbs hiding with a convicted murder that had escaped. Gibbs went and got supplies which he and the convicted murderer shared.
Is it possible to attempt to be an accessory?
Yes ie CL DH
Unsuccessful disposal of weapon used in fatal robbery
Indirect assistance
No requirement that the offender is directly assisted by the accessory
Innocent agent
Where innocent agent is employed by an accessory. The actions of the innocent agent will be held to be the actions of the accessory
AATF Can the insist the principle offence be proved
An accessory after the fact may insist that the principle offence be proved. Despite any guilty plea entered or conviction recorded against the principle offender
